Texas ADR Statutes

In 1996, the Center coordinated the preparation of legislation designed to eliminate legal barriers and to increase the gains from government and public policy alternative dispute resolution (ADR) use in Texas. As a result, two important bills were unanimously passed into law in 1997: the Governmental Dispute Resolution Act (GDR Act) and the Negotiated Rulemaking Act (NR Act). In 1999, the GDR Act was amended to include local governments and other governmental bodies as defined by the Texas Public Information Act (Tex Gov’t Code, § 552.003). These statutes, which incorporate provisions from the 1987 Texas Alternative Dispute Resolution Act (ADR Act), now provide a framework for much greater use of ADR by governmental entities in a broad range of circumstances.

Expresses that the policy of the state is to encourage the peaceable resolution of disputes and the early settlement of litigation through voluntary settlement procedures;

Authorizes courts to refer cases to an ADR system established under the 1983 ADR Systems and Financing Act (Dispute Resolution Centers), a dispute resolution organization, or any forum for voluntary settlement of disputes through intervention of an impartial third party;

Sets out forms of non-binding ADR to which a court can refer including mediation, mini-trial, moderated settlement conference, summary jury trial, and arbitration;

Provides for the appointment, qualifications, standards and duties, compensation, and qualified immunity of impartial third parties;

Enforces the effect of a written settlement in the same manner as any other written contract; and

Establishes broad confidentiality provisions in an ADR procedure with few exceptions, i.e., report of abuse and neglect pursuant to the Family Code, and the subject to or exception of disclosure for a final written agreement to which a governmental body is a signatory pursuant to the Public Information Act.